(Download) "Matter Claim Mindon H. Woodward v. St. Joseph Lead Company" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Mindon H. Woodward v. St. Joseph Lead Company
- Author : Supreme Court of New York
- Release Date : January 11, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
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[33 A.D.2d 850 Page 850] Appellant first asserts that the rendering of the decision by a Referee other than the Hearing Referee was in violation
of section 20 of the Workmen's Compensation Law. Appellant, however, made no objection to the transferal at the time and its
counsel fully participated, by way of cross-examination, after the transferal thus negating any possible allegation of prejudice
by the transfer. Failure to object at the time of transferal and its subsequent participation thereafter constituted a waiver
by appellant as to this issue and, therefore, precludes raising any objection at this juncture. Nor do we find any merit on
the instant record for appellant's assertion that the finding of causal relationship is not supported by substantial evidence.
Even assuming that there was a conflict in the medical testimony, which we are not even sure exists here in that there was
no testimony that claimant did not have silicosis and the testimony of appellant's experts can be construed to be consistent
with a finding of silicosis, the board's resolution of this issue is amply supported by substantial evidence in the testimony
of Dr. Brock (Matter of Groff v. National Gypsum Co., 18 A.D.2d 481). Finally, appellant urges that the claim was not timely
filed. Since, by virtue of section 28 of the Workmen's Compensation Law, the time for claimant to file is measured from the
date of disablement, his filing on December 29, 1964 was well within the two-year limitation assuming the propriety of the
date of January 16, 1963, the undisputed date on which claimant ceased work, found by the board as the date of disablement.
The date of disablement is a factual issue and thus for the board's [33 A.D.2d 850 Page 851]